HomeMy WebLinkAboutSTATE CalRECYCLE-2024-25 Waste Tire Enforcement Grant_A-24-326.pdf CO(�� County of Fresno Hall of Records, Room 301
2281 Tulare Street
Fresno,California
' Board of Supervisors 93721-2198
O 1$56 0 Telephone:(559)600-3529
FRE`' Minute Order Toll Free: 1-800-742-1011
www.fresnocountyca.gov
June 18, 2024
Present: 5- Supervisor Steve Brandau, Chairman Nathan Magsig,Vice Chairman Buddy Mendes,
Supervisor Brian Pacheco,and Supervisor Sal Quintero
Agenda No. 64. Public Health File ID:24-0319
Re: Approve and authorize the Chairman to execute a revenue Agreement with the California Department of
Resources Recycling and Recovery for 2024-25 Waste Tire Enforcement Grant funding,effective June
30,2024 through September 30,2025($300,000);and approve and authorize the Director of the
Department of Public Health,or designee,to be the signatory on behalf of the Board of Supervisors on
associated grant agreement documents, expenditure forms and reports
APPROVED AS RECOMMENDED
Ayes: 5- Brandau, Magsig, Mendes, Pacheco,and Quintero
Agreement No.24-326
County of Fresno Page 68
coU��
t t Board Agenda Item 64
0 1836 0
DATE: June 18, 2024
TO: Board of Supervisors
SUBMITTED BY: David Luchini, RH, PHN, Director, Department of Public Health
SUBJECT: Revenue Agreement with the California Department of Resources Recycling and
Recovery for Waste Tire Enforcement Grant Funds
RECOMMENDED ACTION(S):
1. Approve and authorize the Chairman to execute a revenue Agreement with the California
Department of Resources Recycling and Recovery for 2024-25 Waste Tire Enforcement
Grant funding, effective June 30, 2024 through September 30, 2025 ($300,000); and
2. Approve and authorize the Director of the Department of Public Health, or designee,to be
the signatory on behalf of the Board of Supervisors on associated grant agreement
documents, expenditure forms and reports.
Approval of the first recommended action will allow the Department of Public Health (Department)to receive
non-competitive grant funds from the California Department of Resources Recycling and Recovery
(CalRecycle)to continue inspection and enforcement activities related to handling and disposing of waste
tires in the County. Approval of the second recommended action will allow the Department Director, or
designee, to submit required grant items and reports, excluding budget or contract amendments, on behalf
of the County. This item is countywide.
ALTERNATIVE ACTION(S):
There are no viable alternative actions. If the Board does not approve the recommended actions, the
Department would discontinue the Waste Tire Enforcement Program, which would result in the inability to
investigate illegal waste tire dumping and unpermitted waste tire haulers, including related enforcement and
clean-up of illegal dump sites in coordination with CalRecycle and local law enforcement agencies.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. The 2024-25 Waste
Tire Enforcement revenue agreement($300,000) is consistent with the grant funding from the prior year.
The grant performance period,which include submitting claims for reimbursement, begins June 30, 2024
and ends June 29, 2025. The report preparation period is from June 30, 2024 through September 30, 2025
and only the costs incurred to prepare the final report and final payment are eligible for reimbursement
during the report preparation period. The grant allocation is non-competitive and does not require matching
funds. The revenue agreement allows for full recovery of indirect costs at 20%of total direct costs in the
approved budget. Sufficient appropriations and estimated revenues will be included in the Department's Org
5620 FY 24-25 Recommended Budget.
County of Fresno page 1 File Number:24-0319
File Number:24-0319
DISCUSSION:
The Department has received Waste Tire Enforcement funds since 2000. On January 3, 2023, the Board
passed Resolution 23-002 authorizing the submission of up to five years of applications to CalRecycle for
Waste Tire Enforcement Grant funds. In accordance with the Resolution, the Department submitted its
application on November 13, 2023, which resulted in the recommended revenue agreement before the
Board. The recommended revenue agreement represents the second year of funding under the Resolution.
Waste Tire Enforcement Program staff are responsible for performing initial and follow-up inspections for
waste tire generators, haulers, and end-use facilities. Inspections are the core component of the Waste Tire
Enforcement Program and are followed up with appropriate compliance actions to ensure operators are
following all used and waste tire regulations, including storage standards, use of appropriately registered
waste tire haulers, and maintaining manifest documentation requirements.The second component is
surveillance; it includes investigating illegal tire disposal activities, surveying tire dealers, auto dismantlers,
and other tire facilities to ensure compliance with all applicable laws and regulations. When violations are
discovered, a Notice of Violation is issued to operators or facilities to correct and achieve compliance with
regulations. Currently there are approximately 790 waste tire facilities identified in the County's database,
which is consistent with the facilities identified during the prior fiscal year. It is estimated that the program will
conduct over 1,100 inspection and surveillance activities during the current fiscal year with similar
inspections in the 2024-25 fiscal year.
A one dollar and seventy-five cent($1.75)fee on new tires sold in California funds the Waste Tire
Enforcement Program, which enables local solid waste enforcement agencies to implement effective waste
tire inspection, enforcement, and compliance programs to protect public health and the environment. The
recommended revenue agreement provides funding for program personnel costs equivalent to one full-time
Environmental Health Specialist, mandatory training conducted by the State, and meeting/conference
expenses. In addition, the Department proposes to continue staffing the program with a District Attorney
Investigator through an Inter-Departmental Agreement with the District Attorney's Office. As a peace officer,
a District Attorney Investigator can investigate Criminal and Business and Professional Code violations in
conjunction with inspection and enforcement duties under the program.
The recommended agreement deviates from the County's standard indemnification language in that it
requires that the venue for any action under this agreement must be in Sacramento County and requires the
County(and the County's contractors receiving this funding)to provide one-way indemnification to the State
in the performance of the Agreement. This language is typically present in State grants; therefore, the
Department has determined that its acceptance of the indemnification language is advantageous to the
County, as the State grant is an essential funding source for Waste Tire Enforcement-related activities,
without which the continued provision of these services would be negatively impacted.
REFERENCE MATERIAL:
BAI #39, April 25, 2023
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk-Agreement with CalRecycle
CAO ANALYST:
Ronald W. Alexander, Jr.
County of Fresno page 2 File Number.24-0319
State of California - California Environmental Department of Resources Recycling and
Protection Agency Recovery (CalRecycle)
CalRecycle 110 (Rev 10/19)
Grant Agreement Cover Sheet
Grant Number
TEA31-23-0026
Name of Grant Program
2023-24 Local Government Waste Tire Enforcement Grants
Grantee Name
Fresno County
Taxpayer's Federal Employer Identification Number
94-6000512
Total Grant not to Exceed
$300,000.00
Start of Grant Term
Notice to Proceed Email Date
End of Grant Term
September 30, 2025
The Department of Resources Recycling and Recovery (CalRecycle) and Fresno County (the
"Grantee"), in mutual consideration of the promises made herein, agree to comply with the
provisions of this Agreement, which consists of this Grant Agreement Cover Sheet and the
following Exhibits, which are incorporated by this reference and made a part of this
Agreement as if attached hereto:
Exhibit A—Terms and Conditions
Exhibit B — Procedures and Requirements
Exhibit C —Application with revisions, if any, and any amendments
This Agreement is of no force or effect until signed by both parties. Grantee shall not
commence performance until it receives written approval from CalRecycle. In witness
whereof, the parties hereto have executed this Agreement as of the dates entered below.
Page 1 of 3
TEA31-23-0026
Fresno County
Department/Grantor Name Grantee Name
CalRecycle Fresno County
Signature of CalRecycle's Authorized Signature of Grantee's Authorized Signatory
Signatory (as authorized in Resolution, Letter of
Commitment, or Letter of Designation)
Digitally signed by Brandy Hunt Digitally signed by Nathan Magsig
X Brandy Hunt ae:2024.06.2012:54:59 Nathan Magsig
Date:2024.06.18 15:20:40-07'00'
Printed Name of CalRecycle's Authorized Printed Name of Grantee's Authorized
Signatory Signatory
Brandy Hunt Nathan Magsig
Title Title
Deputy Director, CalRecycle Chairman of the Board of the County of Fresno
Date Date
Jun 20, 2024 Jun 18, 2024
Grantee Payment Address
Department of Public Health
P.O. Box 11800
Fresno, CA 93775
Revised Grantee Payment Address (if needed)
Page 2 of 3
TEA31-23-0026
Fresno County
Certification of Funding
Amount Encumbered by Prior Amount Encumbered for Total Amount
this Agreement this Agreement Encumbered to Date
$300,000.00 $300,000.00
Grant Year/Program Chapter Statute Year
2023-24 Local Government
Waste Tire Enforcement 12 2023
Grants
Org Code Reference Fund
3970 101 0226
Enactment Year Fiscal Year Fund Title
2023 2023-24 TIRE
Fi$Cal Expenditure Information
Reporting Structure Program (PGM-SUB-TSK) Account/Alt Account
39707830 3700000212 5432000
1 hereby certify upon my own personal knowledge that budgeted funds are available for the
period and purpose of the expenditure stated above.
Signature of CalRecycle Budget Office Date
Dalma Gomez Digitally signed Dalma Gomez Mars 2024
Date:2024.03.05 14:09:37-08'00' ,
Page 3 of 3
TEA31-23-0026
Fresno County
Exhibit A
Terms and Conditions
Local Government Waste Tire Enforcement
Grant Program Fiscal Year 2023-24
The following terms used in this Grant Agreement (Agreement) have the meanings
given to them below, unless the context clearly indicates otherwise:
• "CalRecycle" means the Department of Resources Recycling and Recovery.
• "Director" means the Director of CalRecycle or his or her designee.
• "Grant Agreement" and "Agreement" means all documents comprising the
agreement between CalRecycle and the grantee for this grant.
• "Grant Manager" means CalRecycle staff person responsible for monitoring the
grant.
• "Grantee" means the recipient of funds pursuant to this Agreement.
• "Program" means the Local Government Waste Tire Enforcement Grant Program.
• "State" means the State of California, including, but not limited to, CalRecycle and/or
its designated officer.
Air or Water Pollution Violation
The grantee shall not be:
(a) In violation of any order or resolution not subject to review promulgated by the State
Air Resources Board or an air pollution control district.
(b) Out of compliance with any final cease and desist order issued pursuant to Water
Code Section 13301 for violation of waste discharge requirements or discharge
prohibitions.
(c) Finally determined to be in violation of provisions of federal law relating to air or
water pollution.
Amendment
No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties, and approved as required. No oral understanding or
agreement not incorporated into this Agreement is binding on any of the parties. This
Agreement may be amended, modified or augmented by mutual consent of the parties,
subject to the requirements and restrictions of this paragraph.
Americans with Disabilities Act
The grantee assures the state that it complies with the Americans with Disabilities Act of
1990 (ADA) (42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to the
ADA.
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 1
Assignment, Successors, and Assigns
(a) This Agreement may not be assigned by the grantee, either in whole or in part,
without CalRecycle's prior written consent.
(b) The provisions of this Agreement shall be binding upon and inure to the benefit of
CalRecycle, the grantee, and their respective successors and assigns.
Audit/Records Access
The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State
Audits, or their designated representative(s) shall have the right to review and to copy
any records and supporting documentation pertaining to the performance of this
Agreement. The grantee agrees to maintain such records for possible audit for a
minimum of three (3) years after final payment date or grant term end date, whichever is
later, unless a longer period of records retention is stipulated, or until completion of any
action and resolution of all issues which may arise as a result of any litigation, dispute,
or audit, whichever is later. The grantee agrees to allow the designated
representative(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such
records. Further, the grantee agrees to include a similar right of the State to audit
records and interview staff in any contract or subcontract related to performance of this
Agreement.
[It may be helpful to share the Terms and Conditions (Exhibit A) and Procedures and
Requirements (Exhibit B) with your finance department, contractors and subcontractors.
Examples of audit documentation include, but are not limited to: expenditure ledger,
payroll register entries and time sheets, personnel expenditure summary form, travel
expense log, paid warrants, contracts, change orders, invoices, and/or cancelled
checks.]
Authorized Representative
The grantee shall continuously maintain a representative vested with signature authority
authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all
times, keep the Grant Manager informed as to the identity and contact information of the
authorized representative.
Availability of Funds
CalRecycle's obligations under this Agreement are contingent upon and subject to the
availability of funds appropriated for this grant.
Bankruptcy/Declaration of Fiscal Emergency Notification
If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code
(11 U.S.C. §901 et seq.) or declares a fiscal emergency at any time during the Grant
Term, the grantee shall notify CalRecycle within 15 days of such filing or declaration,
pursuant to the procedures set forth in the section entitled "Communications" herein.
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 2
Charter Cities
If the grantee is a charter city, a joint powers authority that includes one or more charter
cities, or the regional lead for a regional program containing one or more charter cities,
the grantee shall not receive any grant funding if such funding is prohibited by Labor
Code section 1782. If it is determined that Labor Code section 1782 prohibits funding
for the grant project, this Agreement will be terminated and any disbursed grant funds
shall be returned to CalRecycle.
Child Support Compliance Act
For any agreement in excess of$100,000, the grantee acknowledges that:
(a) The grantee recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and
family support enforcement, including, but not limited to, disclosure of information
and compliance with earnings assignment orders, as provided in Family Code
Section 5200 et seq.
(b) The grantee, to the best of its knowledge, is fully complying with the earnings
assignment orders of all employees, and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
Communications
All communications from the grantee to CalRecycle shall be directed to the Grant
Manager. All notices, including reports and payment requests, required by this
Agreement shall be given in writing by email, letter, or fax to the Grant Manager as
identified in the Procedures and Requirements (Exhibit B). If an original document is
required, prepaid mail or personal delivery to the Grant Manager is required following
the email or fax.
Compliance
The grantee shall comply fully with all applicable federal, state, and local laws,
ordinances, regulations, and permits. The grantee shall provide evidence, upon
request, that all local, state, and/or federal permits, licenses, registrations, and
approvals have been secured for the purposes for which grant funds are to be
expended. The grantee shall maintain compliance with such requirements throughout
the Grant Term. The grantee shall ensure that the requirements of the California
Environmental Quality Act are met for any approvals or other requirements necessary to
carry out the terms of this Agreement. The grantee shall ensure that all of grantee's
contractors and subcontractors have all local, state, and/or federal permits, licenses,
registrations, certifications, and approvals required to perform the work for which they
are hired. Any deviation from the requirements of this section shall result in non-
payment of grant funds.
Conflict of Interest
The grantee needs to be aware of the following provisions regarding current or former
state employees. If the grantee has any questions on the status of any person
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 3
rendering services or involved with this Agreement, CalRecycle must be contacted
immediately for clarification.
Current State Employees (Pub. Contract Code, § 10410):
(a) No officer or employee shall engage in any employment, activity, or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity,
or enterprise is required as a condition of regular state employment.
(b) No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code, § 10411):
(a) For the two-year period from the date he or she left state employment, no former
state officer or employee may enter into a contract in which he or she engaged in
any of the negotiations, transactions, planning, arrangements or any part of the
decision-making process relevant to the contract while employed in any capacity by
any state agency.
(b) For the twelve-month period from the date he or she left state employment, no
former state officer or employee may enter into a contract with any state agency if he
or she was employed by that state agency in a policy-making position in the same
general subject area as the proposed contract within the twelve month period prior to
his or her leaving state service.
If the grantee violates any provisions of above paragraphs, such action by the grantee
shall render this Agreement void. (Pub. Contract Code, § 10420).
Contractors/Subcontractors
The grantee will be entitled to make use of its own staff and such contractors and
subcontractors as are mutually acceptable to the grantee and CalRecycle. Any change
in contractors or subcontractors must be mutually acceptable to the parties.
Immediately upon termination of any such contract or subcontract, the grantee shall
notify the Grant Manager.
Nothing contained in this Agreement or otherwise, shall create any contractual relation
between CalRecycle and any contractors or subcontractors of grantee, and no
agreement with contractors or subcontractors shall relieve the grantee of its
responsibilities and obligations hereunder. The grantee agrees to be as fully
responsible to CalRecycle for the acts and omissions of its contractors and
subcontractors and of persons either directly or indirectly employed by any of them as it
is for the acts and omissions of persons directly employed by the grantee. The
grantee's obligation to pay its contractors and subcontractors is an independent
obligation from CalRecycle's obligation to make payments to the grantee. As a result,
CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to
any contractor or subcontractor.
Copyrights
Grantee retains title to any copyrights or copyrightable material produced pursuant to
this Agreement. grantee hereby grants to CalRecycle a royalty-free, nonexclusive,
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 4
transferable, world-wide license to reproduce, translate, and distribute copies of any and
all copyrightable materials produced pursuant this Agreement, for nonprofit, non-
commercial purposes, and to have or permit others to do so on CalRecycle's behalf.
Grantee is responsible for obtaining any necessary licenses, permissions, releases or
authorizations to use text, images, or other materials owned, copyrighted, or
trademarked by third parties and for extending such licenses, permissions, releases, or
authorizations to CalRecycle pursuant to this section.
Corporation Qualified to do Business in California
When work under this Agreement is to be performed in California by a corporation, the
corporation shall be in good standing and currently qualified to do business in the State.
"Doing business" is defined in Revenue and Taxation Code Section 23101 as actively
engaging in any transaction for the purpose of financial or pecuniary gain or profit.
Discharge of Grant Obligations
The grantee's obligations under this Agreement shall be deemed discharged only upon
acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the
grantee's Board of Directors shall accept and certify as accurate the final report prior to
its submission to CalRecycle.
Disclaimer of Warranty
CalRecycle makes no warranties, express or implied, including without limitation, the
implied warranties of merchantability and fitness for a particular purpose, regarding the
materials, equipment, services or products purchased, used, obtained and/or produced
with funds awarded under this Agreement, whether such materials, equipment, services
or products are purchased, used, obtained and/or produced alone or in combination
with other materials, equipment, services or products. No CalRecycle employees or
agents have any right or authority to make any other representation, warranty or
promise with respect to any materials, equipment, services or products, purchased,
used, obtained, or produced with grant funds. In no event shall CalRecycle be liable for
special, incidental or consequential damages arising from the use, sale or distribution of
any materials, equipment, services or products purchased or produced with grant funds
awarded under this Agreement.
Discretionary Termination
The Director shall have the right to terminate this Agreement at his or her sole discretion
at any time upon 30 days written notice to the grantee. Within 45 days of receipt of
written notice, grantee is required to:
(a) Submit a final written report describing all work performed by the grantee.
(b) Submit an accounting of all grant funds expended up to and including the date of
termination.
(c) Reimburse CalRecycle for any unspent funds.
Disputes
In the event of a dispute regarding performance under this Agreement or interpretation
of requirements contained therein, the grantee may, in addition to any other remedies
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 5
that may be available, provide written notice of the particulars of such dispute to the
Branch Chief of Financial Resources Management Branch, Department of Resources
Recycling and Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written
notice must contain the grant number.
Unless otherwise instructed by the Grant Manager, the grantee shall continue with its
responsibilities under this Agreement during any dispute.
Drug-Free Workplace Certification
The person signing this Agreement on behalf of the grantee certifies under penalty of
perjury under the laws of California, that the grantee will comply with the requirements
of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a
drug-free workplace by taking the following actions:
(a) Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and
specifying actions that will be taken against employees for violations.
(b) Establish a drug-free awareness program to inform employees about all of the
following:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug-free workplace.
(3) Any available counseling, rehabilitation, and employee assistance programs.
(4) Penalties that may be imposed upon employees for drug abuse violations.
(c) Require that each employee who works on the grant:
(1) Receive a copy of the drug-free policy statement of the grantee.
(2) Agrees to abide by the terms of such statement as a condition of employment on
the grant.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and grantee may be ineligible
for award of any future State agreements if CalRecycle determines that the grantee has
made a false certification, or violated the certification by failing to carry out the
requirements as noted above.
Effectiveness of Agreement
This Agreement is of no force or effect until signed by both parties.
Entire Agreement
This Agreement supersedes all prior agreements, oral or written, made with respect to
the subject hereof and, together with all attachments hereto, contains the entire
agreement of the parties.
Environmental Justice
In the performance of this Agreement, the grantee shall conduct its programs, policies,
and activities that substantially affect human health or the environment in a manner that
ensures the fair treatment of people of all races, cultures, and income levels, including
minority populations and low-income populations of the state.
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 6
Failure to Perform as Required by this Agreement
CalRecycle will benefit from the grantee's full compliance with the terms of this
Agreement only by the grantee's:
(a) Investigation and/or application of technologies, processes, and devices which
support reduction, reuse, and/or recycling of wastes.
(b) Cleanup of the environment.
(c) Enforcement of solid waste statutes and regulations, as applicable.
Therefore, the grantee shall be in compliance with this Agreement only if the work it
performs results in:
(a) Application of information, a process, usable data or a product which can be used to
aid in reduction, reuse, and/or recycling of waste.
(b) The cleanup of the environment.
(c) The enforcement of solid waste statutes and regulations, as applicable.
If the Grant Manager determines that the grantee has not complied with the Grant
Agreement, the grantee may forfeit the right to reimbursement of any grant funds not
already paid by CalRecycle, including, but not limited to, the 10 percent withhold.
In addition to forfeiture of grant funds, failure to perform as required by this Agreement
may impact Grantee's eligibility for future grants offered by CalRecycle.
Force Majeure
Neither CalRecycle nor the grantee, its contractors, vendors, or subcontractors, if any,
shall be responsible hereunder for any delay, default, or nonperformance of this
Agreement, to the extent that such delay, default, or nonperformance is caused by an
act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage,
flood, or other contingencies unforeseen by CalRecycle or the grantee, its contractors,
vendors, or subcontractors, and beyond the reasonable control of such party.
Forfeit of Grant Funds/Repayment of Funds Improperly
Expended
If grant funds are not expended, or have not been expended, in accordance with this
Agreement, or if real or personal property acquired with grant funds is not being used,
or has not been used, for grant purposes in accordance with this Agreement, the
Director, at his or her sole discretion, may take appropriate action under this
Agreement, at law or in equity, including requiring the grantee to forfeit the unexpended
portion of the grant funds, including, but not limited to, the 10 percent withhold, and/or to
repay to CalRecycle any funds improperly expended.
Generally Accepted Accounting Principles
The grantee is required to use Generally Accepted Accounting Principles in
documenting all grant expenditures.
Grant Manager
The Grant Manager's responsibilities include monitoring grant progress, and reviewing
and approving Grant Payment Requests and other documents delivered to CalRecycle
pursuant to this Agreement. The Grant Manager may monitor grantee performance to
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 7
ensure that the grantee expends grant funds appropriately and in a manner consistent
with the terms and conditions contained herein. The Grant Manager does not have the
authority to approve any deviation from or revision to the Terms and Conditions
(Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is
expressly stated in the Procedures and Requirements (Exhibit B).
Grantee Accountability
The grantee is ultimately responsible and accountable for the manner in which the grant
funds are utilized and accounted for and the way the grant is administered, even if the
grantee has contracted with another organization, public or private, to administer or
operate its grant program. In the event an audit should determine that grant funds are
owed to CalRecycle, the grantee is responsible for repayment of the funds to
CalRecycle.
Grantee's Indemnification and Defense of the State
The grantee agrees to indemnify, defend and save harmless the state and CalRecycle,
and their officers, agents and employees from any and all claims and losses accruing or
resulting to any and all contractors, subcontractors, suppliers, laborers, and any other
person, firm or corporation furnishing or supplying work services, materials, or supplies
in connection with the performance of this Agreement, and from any and all claims and
losses accruing or resulting to any person, firm or corporation who may be injured or
damaged by the grantee as a result of the performance of this Agreement.
Grantee's Name Change
A written amendment is required to change the grantee's name as listed on this
Agreement. Upon receipt of legal documentation of the name change, CalRecycle will
process the amendment. Payment of Payment Requests presented with a new name
cannot be paid prior to approval of the amendment.
In Case of Emergency
In the event of an emergency, or where there is an imminent threat to public health and
safety or the environment, the grantee may choose, at its own risk, to incur grant-
eligible expenses not previously included in the approved Budget, subject to
subsequent approval by the Grant Manager of both the Budget change and the need to
implement the Budget change on an emergency basis. The grantee shall notify the
Grant Manager of the emergency and the Budget change at the earliest possible
opportunity. CalRecycle reserves the right to accept or reject the grantee's
determination that the circumstances constituted an emergency or a threat to public
health and safety or the environment. If the Grant Manager determines that the
circumstances did not constitute an emergency or a threat to public health or safety, the
Budget change will be disallowed.
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 8
Limited Waiver of Sovereign Immunity and Consent to
Jurisdiction
The Grantee expressly and irrevocably waives sovereign immunity (and any defenses
based thereon) in favor of CalRecycle, but not as to any other person or entity, as to
any dispute which specifically arises under this Agreement and not as to any other
action, matters or disputes.
The Grantee does not waive its sovereign immunity with respect to (i) actions by third
parties, except for parties acting on behalf of, under authorization from the Grantee or
CalRecycle, or (ii) disputes between the Grantee and CalRecycle which do not
specifically arise under this Agreement. The Grantee further agrees that exhaustion of
tribal administrative remedies, including before any tribal court, shall not be required
prior to proceeding to filing a complaint in the appropriate court of law; and
The Grantee and CalRecycle agree that any monetary damages awarded or arising
under this Agreement shall be exclusively limited to actual direct damages incurred
based on obligations contained in this Agreement that have been demonstrated with
substantial certainty and which do not, in any event, exceed the total amount of the
award under this Agreement. The Grantee and CalRecycle agree not to assert any
claim for damages, injunctive, or other relief which is not consistent with the provisions
of this Agreement; and
The Grantee and CalRecycle may seek, and the Grantee may seek after it has
exhausted any available remedy through the Government Claims Program and the
Program so approves, judicial review for breach of contract in the State Superior Court
for Sacramento County, including any appellate proceedings. The Grantee and
CalRecycle expressly consent to the jurisdiction of such Court, provided that:
(a) No person or entity other than the Grantee and CalRecycle is a party to the action,
unless failure to join a third party would deprive the court of jurisdiction; provided,
however, that nothing herein shall be construed to constitute a waiver of the
sovereign immunity of the Grantee or CalRecycle in respect to any such third party.
(b) The judgment so entered has the same force and effect as, and is subject to all the
provisions of law relating to, a judgment in a civil action, and may be enforced like
any other judgment of the court in which it is entered.
Nothing in this Agreement shall be construed to constitute a waiver of the sovereign
immunity of the Grantee with respect to intervention by any additional party not deemed
an indispensable party to the proceeding. Unless otherwise agreed by the Grantee and
CalRecycle, any dispute resolution meetings or communications, or mediation, shall be
in the context of a settlement discussion to potential litigation and remain confidential to
the extent not prohibited by applicable law.
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 9
No Agency Relationship Created/Independent Capacity
The grantee and the agents and employees of grantee, in the performance of this
Agreement, shall act in an independent capacity and not as officers or employees or
agents of CalRecycle.
No Waiver of Rights
CalRecycle shall not be deemed to have waived any rights under this Agreement unless
such waiver is given in writing and signed by CalRecycle. No delay or omission on the
part of CalRecycle in exercising any rights shall operate as a waiver of such right or any
other right. A waiver by CalRecycle of a provision of this Agreement shall not prejudice
or constitute a waiver of CalRecycle's right otherwise to demand strict compliance with
that provision or any other provision of this Agreement. No prior waiver by CalRecycle,
nor any course of dealing between CalRecycle and grantee, shall constitute a waiver of
any of CalRecycle's rights or of any of grantee's obligations as to any future
transactions. Whenever the consent of CalRecycle is required under this Agreement,
the granting of such consent by CalRecycle in any instance shall not constitute
continuing consent to subsequent instances where such consent is required and in all
cases such consent may be granted or withheld in the sole discretion of CalRecycle.
Non-Discrimination Clause
(a) During the performance of this Agreement, grantee and its contractors shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment on the bases enumerated in Government Code Section
12900 et seq.
(b) The person signing this Agreement on behalf of the grantee certifies under penalty
of perjury under the laws of California that the grantee has, unless exempted,
complied with the nondiscrimination program requirements (Gov. Code, § 12990,
subd. (a-f) and California Code of Regulations, Title 2, Section 8103). (Not
applicable to public entities.)
Order of Precedence
The performance of this grant shall be conducted in accordance with the Terms and
Conditions (Exhibit A), Procedures and Requirements (Exhibit B), Project
Summary/Statement of Use, Work Plan, and Budget of this Agreement, or other
combination of Exhibits specified on the Grant Agreement Coversheet attached hereto
(collectively referred to as "Terms"). Grantee's CalRecycle-approved Application
(Grantee's Application) is hereby incorporated herein by this reference. In the event of
conflict or inconsistency between the articles, exhibits, attachments, specifications or
provisions that constitute this Agreement, the following order of precedence shall apply:
(a) Grant Agreement Coversheet and any Amendments thereto
(b) Terms and Conditions
(c) Procedures and Requirements
(d) Project Summary/Statement of Use
(e) Budget
(f) Work Plan
(g) Grantee's Application
(h) All other attachments hereto, including any that are incorporated by reference.
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 10
Ownership of Drawings, Plans and Specifications
The grantee shall, at the request of CalRecycle or as specifically directed in the
Procedures and Requirements (Exhibit B), provide CalRecycle with copies of any data,
drawings, design plans, specifications, photographs, negatives, audio and video
productions, films, recordings, reports, findings, recommendations, and memoranda of
every description or any part thereof, prepared under this Agreement. Grantee hereby
grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to
reproduce, translate, and distribute copies of any and all such materials produced
pursuant to this Agreement, for nonprofit, non-commercial purposes, and to have or
permit others to do so on CalRecycle's behalf.
Payment
(a) The approved Budget, if applicable, is attached hereto and incorporated herein by
this reference and states the maximum amount of allowable costs for each of the
tasks identified in the Work Plan, if applicable, which is attached hereto and
incorporated herein by this reference. CalRecycle shall reimburse the grantee for
only the work and tasks specified in the Work Plan or the Grantee's Application at
only those costs specified in the Budget and incurred in the term of the Agreement.
(b) The grantee shall carry out the work described in the Work Plan or in the Grantee's
Application in accordance with the approved Budget, and shall obtain the Grant
Manager's written approval of any changes or modifications to the Work Plan,
approved project as described in the Grantee's Application or the approved Budget
prior to performing the changed work or incurring the changed cost. If the grantee
fails to obtain such prior written approval, the Director, at his or her sole discretion,
may refuse to provide funds to pay for such work or costs.
(c) The grantee shall request reimbursement in accordance with the procedures
described in the Procedures and Requirements (Exhibit B).
(d) Ten percent will be withheld from each Payment Request and paid at the end of the
grant term, when all reports and conditions stipulated in this Agreement have been
satisfactorily completed. Failure by the grantee to satisfactorily complete all reports
and conditions stipulated in this Agreement may result in forfeiture of any such funds
withheld pursuant to CalRecycle's 10 percent) retention policy.
(e) Lodgings, Meals and Incidentals: Grantee's Per Diem eligible costs are limited to the
amounts authorized in the California State Administrative Manual (contact the Grant
Manager for more information).
(f) Payment will be made only to the grantee.
(g) Reimbursable expenses shall not be incurred unless and until the grantee receives a
Notice to Proceed as described in the Procedures and Requirements (Exhibit B).
Personnel Costs
If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any
personnel expenditures to be reimbursed with grant funds must be computed based on
actual time spent on grant-related activities and on the actual salary or equivalent hourly
wage the employee is paid for his or her regular job duties, including a proportionate
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 11
share of any benefits to which the employee is entitled, unless otherwise specified in the
Procedures and Requirements (Exhibit B).
Real and Personal Property Acquired with Grant Funds
(a) All real and personal property, including equipment and supplies, acquired with grant
funds shall be used by the grantee only for the purposes for which CalRecycle
approved their acquisition for so long as such property is needed for such purposes,
regardless of whether the grantee continues to receive grant funds from CalRecycle
for such purposes. In no event shall the length of time during which such property,
including equipment and supplies, acquired with grant funds, is used for the purpose
for which CalRecycle approved its acquisition be less than five (5) years after the
end of the grant term, during which time the property, including equipment and
supplies, must remain in the State of California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and
personal property acquired with grant funds, including all equipment and supplies,
shall vest upon acquisition in the grantee. The grantee may be required to execute
all documents required to provide CalRecycle with a security interest in any real or
personal property, including equipment and supplies, and it shall be a condition of
receiving this grant that CalRecycle shall be in first priority position with respect to
the security interest on any such property acquired with the grant funds, unless pre-
approved in writing by the Grant Manager that CalRecycle will accept a lower priority
position with respect to the security interest on the property. Grantee shall inform
any lender(s) from whom it is acquiring additional funding to complete the property
purchase of this grant condition.
(c) The grantee may not transfer Title to any real or personal property, including
equipment and supplies, acquired with grant funds to any other entity without the
express authorization of CalRecycle. Grantee's violation of this provision shall result
in Grantee's reimbursement to CalRecycle of the amount of grant funds used to
purchase said equipment and supplies.
(d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was
previously purchased with CalRecycle grant funds, unless the acquisition of such
equipment with grant funds is pre-approved in writing by the Grant Manager. In the
event of a question concerning the eligibility of equipment for grant funding, the
burden will be on the grantee to establish the pedigree of the equipment.
Reasonable Costs
A cost is reasonable if, in its nature or amount, it does not exceed that which would be
incurred by a prudent person under the circumstances prevailing at the time the
decision was made to incur the cost. Consideration will be given to:
(a) Whether the cost is of a type generally recognized as ordinary and necessary for the
performance of the grant.
(b) The restraints or requirements imposed by such factors as generally accepted sound
business practices, arms-length bargaining, federal and state laws and regulations,
and the tern'"s and conditions of this Agreement.
(c) Whether the individuals concerned acted with prudence in the circumstances,
considering their responsibilities to the organization, its members, employees,
clients, and the public at large.
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 12
(d) Significant deviations from the established practices of the organization which may
unjustifiably increase the grant costs.
Recycled-Content Paper
All documents submitted by the grantee must be printed double-sided on recycled-
content paper containing 100 percent post-consumer fiber. Specific pages containing
full color photographs or other ink-intensive graphics may be printed on photographic
paper.
Reduction of Waste
In the performance of this Agreement, grantee shall take all reasonable steps to ensure
that materials purchased or utilized in the course of the project are not wasted. Steps
should include, but not be limited to: the use of used, reusable, or recyclable products;
discretion in the amount of materials used; alternatives to disposal of materials
consumed; and the practice of other waste reduction measures where feasible and
appropriate.
Reduction of Waste Tires
Unless otherwise provided for in this Agreement, in the performance of this Agreement,
for all purchases made with grant funds, including, but not limited to equipment and tire-
derived feedstock, the grantee shall purchase and/or process only California waste tires
and California waste tire-derived products. As a condition of final payment under this
Agreement, the grantee must provide documentation substantiating the source of the
tire materials used during the performance of this Agreement to the Grant Manager.
Reimbursement Limitations
Under no circumstances shall the grantee seek reimbursement pursuant to this
Agreement for a cost or activity that has been or will be paid for through another funding
source. The grantee shall not seek reimbursement for any costs used to meet cost
sharing or matching requirements of any other CalRecycle funded program.
All costs charged against the Agreement shall be net of all applicable credits. The term
"applicable credits" refers to those receipts or reductions of expenditures that operate to
offset or reduce expense items that are reimbursable under this Agreement. Applicable
credits may include, but are not necessarily limited to, rebates or allowances, discounts,
credits toward subsequent purchases, and refunds. Grantee shall, where possible,
deduct the amount of the credit from the amount billed as reimbursement for the cost, or
shall deduct the amount of the credit from the total billed under a future invoice.
Reliable Contractor Declaration
Prior to authorizing any contractor or subcontractor to commence work under this Grant,
the grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle
168) from the contractor or subcontractor, signed under penalty of perjury, disclosing
whether of any of the events listed in Section 17050 of Title 14, California Code of
Regulations, Natural Resources (https://www.calrecycle.ca.gov/laws/regulations/titlel4),
Division 7, has occurred with respect to the contractor or subcontractor within the
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 13
preceding three (3) years. If a contractor is placed on CalRecycle's Unreliable List after
award of this Grant, the grantee may be required to terminate that contract.
Remedies
Unless otherwise expressly provided herein, the rights and remedies hereunder are in
addition to, and not in limitation of, other rights and remedies under this Agreement, at
law or in equity, and exercise of one right or remedy shall not be deemed a waiver of
any other right or remedy.
Self-Dealing and Arm's Length Transactions
All expenditures for which reimbursement pursuant to this Agreement is sought shall be
the result of arm's-length transactions and not the result of, or motivated by, self-dealing
on the part of the grantee or any employee or agent of the grantee. For purposes of this
provision, "arm's-length transactions" are those in which both parties are on equal
footing and fair market forces are at play, such as when multiple vendors are invited to
compete for an entity's business and the entity chooses the lowest of the resulting bids.
"Self-dealing" is involved where an individual or entity is obligated to act as a trustee or
fiduciary, as when handling public funds, and chooses to act in a manner that will
benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict
with, the public purpose for which all grant monies are to be expended.
Severability
If any provisions of this Agreement are found to be unlawful or unenforceable, such
provisions will be voided and severed from this Agreement without affecting any other
provision of this Agreement. To the full extent, however, that the provisions of such
applicable law may be waived, they are hereby waived to the end that this Agreement
be deemed to be a valid and binding agreement enforceable in accordance with its
terms.
Site Access
The grantee shall allow the state to access sites at which grant funds are expended and
related work being performed at any time during the performance of the work and for
ninety (90) days after completion of the work, or until all issues related to the grant
project have been resolved.
Stop Work Notice
Immediately upon receipt of a written notice from the Grant Manager to stop work, the
grantee shall cease all work under this Agreement.
Termination for Cause
CalRecycle may terminate this Agreement and be relieved of any payments should the
grantee fail to perform the requirements of this Agreement at the time and in the manner
herein provided. In the event of such termination, CalRecycle may proceed with the
work in any manner deemed proper by CalRecycle. All costs to CalRecycle shall be
deducted from any sum due the grantee under this Agreement. Termination pursuant to
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 14
this section may result in forfeiture by the grantee of any funds retained pursuant to
CalRecycle's 10 percent retention policy.
Time is of the Essence
Time is of the essence to this Agreement.
Tolling of Statute of Limitations
The statute of limitations for bringing any action, administrative or civil, to enforce the
terms of this Agreement or to recover any amounts determined to be owing to
CalRecycle as the result of any audit of the grant covered by this Agreement shall be
tolled during the period of any audit resolution, including any appeals by the grantee to
the Director.
Union Organizing
By signing this Agreement, the grantee hereby acknowledges the applicability of
Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this
Agreement and hereby certifies that:
(a) No grant funds disbursed by this grant will be used to assist, promote, or deter union
organizing by employees performing work under this Agreement.
(B)If the grantee makes expenditures to assist, promote, or deter union organizing, the
grantee will maintain records sufficient to show that no state funds were used for
those expenditures, and that grantee shall provide those records to the Attorney
General upon request.
Venue/Choice of Law
(a) All proceedings concerning the validity and operation of this Agreement and the
performance of the obligations imposed upon the parties hereunder shall be held in
Sacramento County, California. The parties hereby waive any right to any other
venue. The place where the Agreement is entered into and place where the
obligation is incurred is Sacramento County, California.
(b) The laws of the State of California shall govern all proceedings concerning the
validity and operation of this Agreement and the performance of the obligations
imposed upon the parties hereunder.
Waiver of Claims and Recourse against the State
The grantee agrees to waive all claims and recourse against the state, its officials,
officers, agents, employees, and servants, including, but not limited to, the right to
contribution for loss or damage to persons or property arising out of, resulting from, or in
any way connected with or incident to this Agreement. This waiver extends to any loss
incurred attributable to any activity undertaken or omitted pursuant to this Agreement or
any product, structure, or condition created pursuant to, or as a result of, this
Agreement.
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 15
Work Products
Grantee shall provide CalRecycle with copies of all final products identified in the Work
Plan. Grantee shall also provide CalRecycle with copies of all public education and
advertising material produced pursuant to this Agreement.
Workers' Compensation/Labor Code
The grantee is aware of Labor Code Section 3700, which requires every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in
accordance with the Labor Code, and the grantee agrees to comply with such
provisions before commencing the performance of the work of this Agreement.
CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 16
Recycle
October 2023
Department of Resources Recycling and Recovery
Exhibit B
Procedures and Requirements Local
Government Waste Tire Enforcement
(TEA) Grant Program
Cycle 31 , Fiscal Year 2023-24
Copies of these Procedures and Requirements must be shared with
both the Finance Department and the staff responsible for
implementing the grant activities.
Procedures and Requirements
I Kcal Government Waste Tire Fnforcement (TFA) Grant Proaram (FY 2023-2024) 1
Table of Contents
Introduction .....................................................................................................................3
Milestones.......................................................................................................................3
Grants Management System (GMS)...............................................................................3
Accessingthe Grant ....................................................................................................3
ContactUpdates..........................................................................................................4
Prior to Commencing Work.............................................................................................5
Reliable Contractor Declaration...................................................................................5
Grant Term, Grant Performance Period, and Report Preparation Period........................6
EligibleCosts...............................................................................................................6
AdministrativeCosts ................................................................................................6
Education .................................................................................................................7
Enforcement.............................................................................................................7
Enforcement Actions and Surveillance.................................................................7
Field Patrolling and Small Tire Pile Cleanup ........................................................8
IndirectCosts...............................................................................................................9
Inspections - Priorities and Eligible Activities ...........................................................9
OperationalCosts .................................................................................................. 10
Training .................................................................................................................. 10
Transportation........................................................................................................ 11
IneligibleCosts .......................................................................................................... 11
Bids............................................................................................................................ 12
Modifications.............................................................................................................. 12
Acknowledgements.................................................................................................... 13
ReportingRequirements............................................................................................ 13
Electronic and Original Signatures............................................................................. 14
ProgressReport......................................................................................................... 14
FinalReport............................................................................................................... 14
Grant Payment Information........................................................................................ 15
Payment Request and Documentation................................................................... 15
Supporting Documentation ................................................................................. 16
Personnel Hours........................................................................................................ 17
PerformanceEvaluation ............................................................................................ 17
AuditConsiderations.................................................................................................. 17
Procedures and Requirements
I nral GnvernmPnt Waste Tire Fnfnrr.Pment (TFA) Grant Proaram (FY 2023-2024) 2
Introduction
The Department of Resources Recycling and Recovery (CalRecycle) administers the
Local Government Waste Tire Enforcement (TEA) Grant Program. These Procedures
and Requirements describe project and reporting requirements, report due dates, report
contents, grant payment conditions, eligible and ineligible project costs, project
completion and closeout procedures, and records and audit requirements.
In a Collaborative Grant, the term "grantee" used throughout this document refers to the
Lead Participant (Lead). The Lead is designated to act on behalf of all Non-Lead
Participant(s). The Lead manages the grant, is responsible for the performance of the
grant and all required documentation, and administers the grant funds to its Non-Lead
Participants on its behalf.
This document is attached to, and incorporated by reference, into the Grant Agreement.
Milestones
June 30, 2024: Grant Term and Grant Performance Period Begin on date indicated
in the Notice to Proceed
February 26, 2025: Progress Report Due and Midyear Payment Request
June 29, 2025: Grant Performance Period Ends
June 30, 2025—September 30, 2025: Report Preparation Period
September 30, 2025: Final Report and Final Payment Request Due
Grants Management System (GMS)
GMS is CalRecycle's web-based grant application and Grants Management System.
Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts
are tied to a specific email address. If an email address changes, or if it becomes
inactive, the grantee must create a new WebPass account to continue accessing GMS.
Establish or manage a WebPass at CalRecycle's WebPass page
(https://secure.calrecycle.ca.gov/WebPass/).
Accessing the Grant
Grantees must log in to GMS (https://secure.calrecycle.ca.gov/Grants) using their web
pass. After logging in, locate the grant in the My Awarded/Open Grants table and
select the Grant Management link. The Grant Management Module includes the
following sections:
• Summary tab: Shows approved budget, paid and remaining amounts. (This
section is available to the grantee in read-only mode).
• Payment Request tab: Grantee requests reimbursement.
• Reports tab: Grantee uploads required reports.
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Proaram (FY 2023-2024) 3
• Documents tab: Grantee uploads all other grant documents that are not
supporting documents to a payment request or a report. This section also
provides access to documents that were uploaded within other sections of GMS.
Follow the instructions in GMS to work in the system. The following sections describe
the reports, transactions, and supporting documents CalRecycle requires.
Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application
Module with the "Allow Access" check box marked. A contact may be listed but not
granted access by not checking the box. Please note, if a contact is granted access to
a grant they will be able to edit contacts, submit payment requests, upload reports, and
view all documents. Those with access may update contact information for all contact
types except Signature Authority. Email the assigned Grant Manager regarding any
changes to Signature Authority information.
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Proaram (FY 2023-2024) 4
Prior to Commencing Work
Prior to commencing work under this grant, the grantee's Grant Manager or primary
contact and authorized grant Signature Authority should review the Terms and
Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key
grant administrative requirements. Evaluation of the grantee's compliance with these
requirements is a major focus of grant audits.
Reliable Contractor Declaration
Prior to authorizing a contractor or subcontractor to commence work under this grant,
the grantee shall submit to the Grant Manager a declaration from the contractor or
subcontractor, signed under penalty of perjury, stating that within the preceding three
(3) years, none of the events listed in section 17050 of Title 14
(https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), California Code of
Regulations, Natural Resources, Division 7, has occurred with respect to the contractor
or subcontractor. The grantee must submit this form for each contractor and
subcontractor working under the grant.
If a contractor or subcontractor is placed on the CalRecycle Unreliable Contractor List
(https://www.calrecycle.ca.gov/Funding/Unreliability/) after award of this grant, the
grantee may be required to terminate the contract. Obtain the Reliable Contractor
Declaration form (CalRecycle 168) from CalRecycle's Grant Forms web page
(https://www.caIrecycle.ca.gov/forms/).
The grantee must upload a scanned copy of each signed Reliable Contractor
Declaration form in GMS. To upload the form:
1. Go to the Reports tab.
2. Click on Reliable Contractor Declaration under Report Type.
3. Click the Add Document button.
4. Select Reliable Contractor Declaration in the Document Type drop down box,
enter a document title, click the Browse button to search and upload the
document, and then Save.
5. Click on the Submit Report button.
For further instructions regarding GMS, including login directions, see the "Grants
Management System" section (above).
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Proaram (FY 2023-2024) 5
Grant Term, Grant Performance Period, and
Report Preparation Period
The Grant term begins on June 30, 2024 and ends on September 30, 2025. The
grantee must make all grant-eligible program expenditures and incur all grant-eligible
costs within this period. Expenditures made or costs incurred prior June 30, 2024 or
after the end date are not eligible for reimbursement. Most costs are further limited
during the Report Preparation Period (below).
The Grant Performance Period begins on June 30, 2024 and ends on June 29, 2025.
The Report Preparation period is from June 30, 2025 to September 30, 2025.
The Final Report and final Payment Request are due on September 30, 2025.
Eligible Costs
Grantees may incur eligible costs only during the Grant Term, which starts on June 30,
2024 and ends on September 30, 2025. (See "Grant Term, Grant Performance Period,
and Report Preparation Period" for additional information). All grant expenditures must
be for activities, products, and costs specifically included in the approved Work Plan
and approved Budget. To be eligible for reimbursement, costs must be incurred after
June 30, 2024 and before the end of the Grant Term. All services must be provided,
and goods received during this period in order to be eligible costs. Invoices for goods
and services must be paid by the grantee prior to the inclusion of those goods or
services on a payment request.
Percentage caps on several categories below are calculated on the total budget award
with the exception of Indirect Costs which are calculated against the total Direct Costs
included in the Budget.
These caps do not apply to an invoice. The amount budgeted for line items with
percentage caps may be fully expended regardless of the percentage that category may
represent within a single invoice. The total grant funds expended in any category shall
not exceed the approved budget without an approved budget modification.
Eligible costs are limited to the following:
Administrative Costs
Administrative Costs are limited to 15 percent of the total approved Budget.
Eligible administrative costs are limited to:
• Eligible administrative costs include personnel time for which there is a direct and
demonstrable link to implementation of the TEA grant.
• Administrative functions for which there is a direct and demonstrable link to
implementation of the TEA grant.
Examples of eligible activities include:
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Proaram (FY 2023-2024) 6
• Preparation and submittal of Progress Reports, Payment Requests, and required
documents.
• Grant-related communication.
• Compliance activities related to performance evaluation or audits.
• Development and maintenance of a system to track grant costs.
• TEA grant personnel administration.
• Preparation and submittal of the next TEA grant cycle application.
Education
Education costs are limited to 10 percent of the total approved Budget.
Eligible education activities and costs include:
• Eligible education costs include personnel time, and reproduction of educational
materials for the purpose of educating waste tire generators and haulers about
laws and regulations related to waste tire management.
Examples of eligible activities include:
1. Generating Waste Tire Management System (WTMS) reports of newly issued
Tire Program Identification numbers (TPIDs).
2. Printing and distributing CalRecycle Tire Program Educational Brochures
(https://www2.calrecycle.ca.gov/Docs/Web/111237) when conducting
educational visits at TPID sites.
3. Informing businesses and business owners/operators about applicable waste tire
laws and regulations and available compliance resources.
4. Providing tire-related education to Local Conservation Corps
(https://www.calrecycle.ca.gov/Funding/LocaiCC/).
5. Providing other outreach activities requested by CalRecycle.
Enforcement
Enforcement Actions and Surveillance
Eligible enforcement and surveillance activities include steps taken beyond normal
inspection activities to identify illegal waste tire activity and collect evidence as defined
below.
1. Eligible, enforcement and surveillance activities must be directly related to
identifying, researching, surveilling, investigating, and/or documenting at least
one of the following issues:
• Illegal (unpermitted) waste tire storage sites and activities with 500 or
more waste tires.
• Individuals responsible for illegal dumping of waste tires.
• Private property on which illegal dumping of waste tires is occurring or has
occurred with 500 or more waste tires.
i. Note: (Private property with more than 500 illegal stored waste tires
must be referred to CalRecycle for enforcement prior to seeking
remediation).
• Unregistered waste tire haulers hauling 10 or more waste or used tires.
2. Eligible enforcement and surveillance activities may include the following
activities:
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Proaram (FY 2023-2024) 7
• Coordinating and working with CalRecycle, the California Highway Patrol,
local District Attorney (DA), task forces, other TEAs, and local law
enforcement:
o Gathering and sharing of information and resources.
o Providing training to local law and code enforcement personnel
within the TEA jurisdiction to encourage referrals or citations.
o Establishing and conducting checkpoints to identify unregistered
waste tire haulers.
o Attending administrative, court and/or CalRecycle hearings and
supporting case development.
• Assisting CalRecycle with investigations and referrals:
o Making waste tire enforcement referrals, as approved or required
o Investigating waste tire referrals, complaints, violations,
discrepancies, and legal records searches, etc., as requested.
o Obtaining inspection warrants and other warrants as needed in
participation with local law enforcement activity.
o Performing interviews and field investigations to develop
enforcement cases.
o Research databases and document past enforcement activity.
• After appropriate enforcement and surveillance, coordinating with other
agencies to remediate environmental damage due to illegal dumping and
storage of waste tires, including:
o Reviewing of regulations and procedures.
o Coordinating with Local Conservation Corps for cleanups, and
other related activity.
o Coordinating with CalRecycle for cleanup and lien options.
• Record Keeping
o Producing and maintaining documents and files to track waste tire
enforcement-related activities.
3. Grantees must report enforcement and surveillance activities to the CalRecycle
Inspection Liaison as follows:
• Report within 15 calendar days all enforcement actions on waste tire-
related cases, including any referrals to the DA's Office and any actions
taken by the DA's Office on waste tire-related cases.
• Report within 15 calendar days all waste tire enforcement referrals, as
approved or required. See Inspection section below.
Field Patrolling and Small Tire Pile Cleanup
Field Patrolling and Small Tire Pile Cleanup are limited to 15 percent of the total
approved Budget. Field Patrolling must be productive. Unproductive Field Patrolling,
such as visiting the same locations more than once per quarter for observation, may be
ineligible for reimbursement. Eligible field patrolling activities and costs are limited:
• Preparation and planning of field patrol.
• Follow-up on illegal dumping complaints and referrals.
• Patrolling locations with known illegal waste tire dumping once per quarter.
• Cleanup of small tire piles on public land with 35 or fewer waste tires including
disposal fees.
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Proaram (FY 2023-2024) 8
Indirect Costs
Indirect costs are limited to 20 percent of the total direct costs in the approved budget.
Grantees shall allocate Indirect Costs according to the jurisdiction's Cost Allocation Plan
(CAP) methodology submitted with the application and must adhere to Generally
Accepted Accounting Principles (GAAP).
Budgeting for Indirect Costs:
Multiply the total of all direct charges by 20 percent to find the maximum indirect cost
allocation allowed.
How to charge Indirect Costs:
Indirect costs are not limited to 20 percent of an invoice. A grantee may charge the
agency's full indirect cost rate, but only until the approved Indirect Cost line item
allocation is exhausted.
Inspections - Priorities and Eligible Activities
Inspections are the core component of the grant. Inspections are to be conducted
according to the quality standards as outlined in the CalRecycle Waste Tire
Enforcement Manual in order to be eligible for reimbursement. Actual personnel hours
must be documented by TPID and back-up is to be maintained according to the Terms
and Conditions, Audit/Records Access provision on page 2. See further guidance in the
Personnel Hours section.
Grantees shall inspect locations with TPID numbers assigned in the Inspection Priority
Work Plan, which CalRecycle will provide at the start of the Grant Term.
Eligible inspection activities are listed below:
1. Inspector time reviewing the Inspection Priority Work Plan to ensure that TPIDs
listed to inspect are consistent with the CalRecycle Waste Tire Enforcement
Manual.
2. Using WTMS to generate a list of eligible TPIDs to inspect, in addition to those
listed on the Inspection Priority Work Plan.
3. Pre-inspection planning.
4. Post-inspection reporting and follow-up.
5. Communicating with facility staff or owners before or after an inspection.
6. Travel time to-and-from inspections.
7. Physically inspecting the TPID site, taking photographs, interviewing personnel,
writing, and submitting complete and correct inspection reports.
Note: Non-physical inspections may be allowed under emergency and
extenuating circumstances with prior approval from CalRecycle.
8. Only Inspections at the following frequencies are eligible within the grant
performance period:
• Only one routine inspection is allowed per active TPID.
• A maximum of two re-inspections may be performed per active TPID if a
NOV was documented during the original routine inspection.
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Proaram (FY 2023-2024) 9
• Only one observation inspection may be performed, as described in the
CalRecycle Waste Tire Enforcement Manual, per active TPID.
• Only one educational inspection may be performed per each active, new,
never-inspected TPID.
Operational Costs
Equipment, materials, and supplies necessary to perform eligible waste tire activities
under the TEA Grant are eligible for reimbursement. Operational Costs are limited to 10
percent of the total approved budget.
Where equipment is utilized for the purposes of more than one program, costs charged
to the TEA grant must be allocated proportionate to actual use in TEA grant activities.
1. Examples of eligible equipment include:
• Personal Protective Equipment: including boots, reflective vests or
logo/identifying windbreakers, hard hat/sun hat, gloves, face masks,
safety glasses.
• Field equipment: including measuring devices, GPS, binoculars, camera
and accessories, clipboards.
• Cell phones, mobile Wi-Fi hotspots and cell service.
• Computers or tablets, and related standard accessories.
Training
Training is reimbursable for tire enforcement staff, supervisors and other staff who work
directly on grant activities. In-house training is to be charged under the applicable
budget category (i.e., inspection training is charged under the inspection budget).
Unless otherwise approved, grantee training requirements and eligibility are as follows:
1. Grantee must maintain and provide to CalRecycle a list of inspectors and lead
inspectors, their qualifications, and the amount time they are committed to the
Program (i.e., percentage or quantity of inspections).
2. All inspectors must be trained and approved by CalRecycle prior to conducting
eligible inspections. Existing inspectors may be approved by CalRecycle without
additional training.
3. Mandatory training activities include:
• New inspector inspection training (CalRecycle shall provide oversight of
training).
• CalRecycle-sponsored Waste Tire Round Tables'.
• WTMS Training'.
• Technical Training Series'.
o Only 8 hours per day are eligible for reimbursement (excluding
travel time).
• Grant Administration Training.
• Other mandatory training, as required by CalRecycle.
4. Eligible non-mandatory training includes:
• Meetings, training or conferences requested by CalRecycle.
• Coordinating and hosting CalRecycle-sponsored training events.
'Grantee must send at least one inspector to each of these events.
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Proaram (FY 2023-2024) 10
• CalEPA sponsored Enforcement Symposium.
• Basic Inspector Academy.
• Conducting Effective Interviews for Inspectors.
• Environmental Enforcement Training.
• Basic and refresher health and safety related classes, including
Hazardous Waste Operations and Emergency Response (HAZWOPER).
• Hauler Training.
• Specific training approved in the Budget or that are pre-approved in writing
by the Grant Manager.
5. When multiple sessions of a training event are scheduled, grantees must attend
the session closest to their location. Exceptions must be justified and pre-
approved by the Grant Manager.
6. If attending an event with multiple subjects of which only part is related/beneficial
to waste tire enforcement, the portion of the training and travel costs charged to
the TEA grant must be proportional to the class time devoted to waste tire
enforcement.
Transportation
Eligible transportation costs are those which are necessary to perform TEA Grant
activities in the approved budget. Transportation Costs are limited to 10 percent of the
total approved budget.
Any activities/costs not specifically listed below must be pre-approved in writing by the
Grant Manager to be reimbursable. The following activities/costs are eligible:
• Use of grantee-owned or personal vehicles (mileage). Grantees may claim
vehicle usage costs based upon actual mileage of the grantee or the state
mileage rate, whichever is less.
• Travel and Travel Expenses. All travel costs must be in accordance with the
California State Travel policies (http://www.calhr.ca.gov/employees/Pages/travel-
reimbursements.aspx). Reimbursable mileage and other travel expenses (per
diem) may not exceed the state rates as set forth in the State Administrative
Manual. Documentation submitted for travel reimbursement must include
departure and return times and dates.
Ineligible Costs
Any costs not specifically included in the approved Budget and not directly related to
Local Government Waste Tire Enforcement (TEA) Grant Program and the approved
grant project are ineligible for reimbursement. The grantee should contact the Grant
Manager if clarification is needed. Ineligible costs include, but are not limited to:
• Costs incurred prior to June 30, 2024 or after September 30, 2025.
• Personnel costs charged as a flat rate for grant activity. Only actual personnel
hours may be reimbursed and must be backed up by timesheets or other time
accounting practices.
• Performance Costs incurred outside the Performance Period, prior to June 30,
2024 or after June 29, 2025.
• Reporting Costs incurred after September 30, 2025.
• Budget modifications may not cause any budget category to exceed a category
percentage cap.
• Costs that exceed the percentage cap of a capped category.
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Proaram (FY 2023-2024) 11
• Printing materials for education other than the CalRecycle brochures.
• Unapproved training costs.
• Food (except for meals when travelling to approved training according to State
per diem rates and restrictions).
• Out of state travel.
• Ineligible inspection activities include inspections of the following: (except as
otherwise pre-approved in writing or requested by the CalRecycle Inspector
Liaison.) Note: If you find a TPID number has been included on your work plan
that you believe is ineligible based on the following or other factors, do not
inspect it. Contact your CalRecycle inspector liaison first for confirmation or
written approval to proceed:
o Locations where the TPID number does not have a site (physical) address
in the grantee's jurisdiction or is located at an address that is not listed in
WTMS.
o Closed TPID numbers (refers to the TPID Site Status in WTMS).
o Unproductive Field Patrolling visits to sites on multiple dates within the
same quarter or repeat visits when waste tires were not discovered.
o Inspections of Permitted Major or Minor Waste Tire Facilities unless
invited to participate with a CalRecycle Inspector.
o Inspections of previously inspected Small Quantity Generators (SQGs)
unless the TPID is pre-approved by the CalRecycle Liaison. (SQG refers
to the TPID Site Role identified in the WTMS.)
o Any other inspection expressly prohibited in this document or in the
Waste Tire Enforcement Manual.
• Activity on Farm/Ranch/Dairy/Ag Sites.
• Activity on Tribal Lands.
Bids
• Bids must be obtained for purchases $5,000 and higher when:
o Making a single purchase from any vendor for products or services to the
main agreement where the charge to the grant funds is $5,000 or higher.
1. There are multiple bona fide vendors for the service/product
to be purchased.
2. At the beginning of a contract cycle when the cost of the
contract billed to the grant is $5,000 or higher. After a
contract bid is accepted according to the requirements of the
Grant Agreement, the contract need not be rebid until the
end of the contract term is reached.
o Bids need not be obtained when:
1. A vendor provides a bid for services that is less than $5,000
but the actual cost of the job exceeds $5,000 due to
unexpected conditions that require additional labor or
materials.
Modifications
The grantee must submit any proposed revision(s) to the Work Plan and/or Budget in
writing to the Grant Manager. The grantee may not incur costs or make expenditures
based on the revision without first receiving the Grant Manager's written approval.
Proposed revisions must be clearly marked on the Work Plan and/or Budget and must
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Proaram (FY 2023-2024) 12
be accompanied by a summary of proposed changes or modifications, including
justification for the proposed changes. If approved, the Grant Manager will upload the
final revised Work Plan and/or Budget to GMS and notify the grantee. The grantee may
submit proposed revisions in conjunction with a Progress Report, but they cannot be
submitted as part of the Progress Report. The grantee should retain the approval
document(s) for audit purposes. See the "Audit Record/Access" section of the Terms
and Conditions (Exhibit A).
To request a budget modification:
• Create a new tab in the spreadsheet and title it "Bud Mod", copy the "Budget" tab
contents and paste it into the new tab then make the proposed changes in the
"Bud Mod" tab.
• Email the budget document as an attachment to the Grant Manager. Include a
specific justification for the modifications in the body of the email. Include this
information about your request:
o Reason for the modification.
o How much money from which line item and category.
o Which line item and category the funds are moving to, or the title and
purpose of a new line item.
o If the change involves adding a new line item to the budget, give the title
and a narrative justification.
Acknowledgements
The grantee shall acknowledge CalRecycle's support each time a project funded, in
whole or in part, by this Agreement is publicized in any medium, including news media,
brochures, or other types of promotional materials. The acknowledgement of
CalRecycle's support must incorporate the CalRecycle logo. Initials or abbreviations for
CalRecycle shall not be used. The Grant Manager may approve deviation from this
requirement on a case-by-case basis where such deviation is consistent with
CalRecycle's Communication Strategy and Outreach Plan. Contact your Grant
Manager for the CalRecycle logo.
Reporting Requirements
The Grant Agreement requires a Progress Report and a Final Report; however, the
Grant Manager may require additional Progress Reports at any time during the Grant
Term. Failure to submit the Final Report with appropriate documentation by the due
date may result in rejection of the Payment Request and/or forfeiture by the grantee of
claims for costs incurred that might otherwise have been eligible for grant funding.
The grantee must upload all reports in GMS. For further instructions regarding GMS,
including login directions, see the "Grants Management System" section (above).
To upload a report:
1. Go to the Reports tab.
2. Click on the appropriate Report Type.
3. Click on the Add Document button.
4. Choose the Document Type, enter a document title, click the Browse button to
search and upload the document, and then Save.
• Select the Back button to upload another document and continue the
process until all required documents as listed below are uploaded.
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Proqram (FY 2023-2024) 13
• The maximum allowable file size for each document is 35MB.
5. Click the Submit Report button to complete your report submittal. The Submit
Report button will not be enabled until all required reporting documents are
uploaded.
The reports must be current, include all required sections and documents, and must be
approved by the Grant Manager before any Payment Request can be processed.
Failure to comply with the specified reporting requirements may be considered a breach
of the Grant Agreement and may result in the termination of the Grant Agreement,
rejection of the Payment Request, and/or forfeiture by the grantee of claims for costs
incurred that might otherwise have been eligible for grant funding. The grantee must
report any problems or delays immediately to the Grant Manager.
Electronic and Original Signatures
CalRecycle requires certified e-Signature on documents or forms that certify legally
binding information.
Note: E-signatures must include the first and last name of the Signature Authority, be in
the Adobe Digital ID format (or through another certified digital signature program) and
cannot be the "Fill and Sign" function within Adobe. Any documents using the "Fill and
Sign" method is considered incomplete and may be sent back to the grantee.
If you have questions, email grantassistance(c calrecycle.ca.gov.
Progress Report
The grantee must submit a Progress Report and Midyear Payment Request by the due
dates listed in the Milestones Section of this document. The Progress Report should
cover grant activities that occurred from June 30, 2024 through December 31, 2024.
Final Report
The Final Report is due September 30, 2025. This report should cover grant activities
from June 30, 2024 through September 30, 2025. The grantee must include the
following items in the Final Report:
• The Grant Number, grantee's name, and Grant Term.
• The following disclaimer statement on the cover page:
"The statements and conclusions of this report are those of the grantee and not
necessarily those of the Department of Resources Recycling and Recovery
(CalRecycle), its employees, or the State of California. The state makes no
warranty, express or implied, and assumes no liability for the information
contained in the succeeding text."
• Mid-Year of Final Cover Sheet is to be signed by an Authorized Signatory—
Either print, sign and scan, or export the cover sheet to a pdf and sign
electronically.
• Complete all three tabs in the template.
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2023-2024) 14
Grant Payment Information
• Payment to the grantee for eligible grant expenses is made on a reimbursement
basis only, and only for those materials and services specified in the approved
grant application.
• The grantee may request reimbursement only twice during the Grant Term. In
conjunction with (or after) submission of the Progress Report and in conjunction
with the Final Report.
• The grantee must submit the required Progress Report/Final Report prior to, or
concurrent with, submission of the Grant Payment Request. No reimbursement
is made prior to Grant Manager approval of the report.
• The grantee must submit a completed Grant Payment Request and provide
supporting documentation as described in the "Payment Request and
Documentation" section for completed project(s) only.
• CalRecycle will make grant payments to only the grantee. It is the grantee's
responsibility to pay all contractors and subcontractors for purchased goods and
services.
• CalRecycle will withhold and retain 10 percent of each approved Grant Payment
Request amount until all conditions stipulated in the Agreement, including
submission and Grant Manager approval of the Progress and Final Reports have
been satisfied.
• CalRecycle will make payments to the grantee as promptly as fiscal procedures
permit. The grantee can typically expect payment approximately 45 days from
the date the Grant Manager approves a Grant Payment Request.
• The grantee must provide a Reliable Contractor Declaration (CalRecycle 168)
(https://www.calrecycle.ca.gov/forms/) signed under penalty of perjury by the
grantee's contractors and subcontractors in accordance with the "Reliable
Contractor Declaration" section of the Terms and Conditions (Exhibit A). The
declaration must be received and approved by the Grant Manager prior to
commencement of work. See the "Reliable Contractor Declaration" section in
Terms and Conditions (Exhibit A) for more information.
Payment Request and Documentation
Failure to submit the final Payment Request with appropriate documentation by the due
date may result in rejection of the Payment Request and/or forfeiture by the grantee of
claims for costs incurred that might otherwise have been eligible for grant funding.
The grantee must submit payment requests in GMS. For further instructions regarding
GMS, including login directions, see the "Grants Management System" section (above).
To submit a Grant Payment Request:
1. Go to the Payment Request tab.
2. Click on the Create a Payment Request button.
a. Choose Reimburse for the Transaction Type and enter the amount
spent in each budget subcategory.
b. When the transaction is complete, click the Save button.
c. After the transaction is saved, the Upload Supporting Documents button
will appear in the lower right corner.
3. Click the Upload Supporting Documents button.
a. Choose the Document Type, enter a document title, click the Browse
button to search and upload the document, and then Save.
Procedures and Requirements
Local Government Waste Tire Fnforcement (TFA) Grant Proaram (FY 2023-2024) 15
b. Select the Back button to upload another document and continue this
process until all required supporting documents as listed below are
uploaded.
c. The maximum allowable file size for each document is 35MB.
4. Click the Submit Transaction button, located on the transaction page, to
complete your payment request. The Submit Transaction button will not be
enabled until all required supporting documents are uploaded.
a. Note: Once a transaction is saved, select the transaction number from
the Payment Request tab to access it again. Please do not create
multiple transactions for the same requested funds.
Supporting Documentation
• Grant Payment Request form (CalRecycle 87)
o A scanned copy with the signature of the signatory or his/her designee, as
authorized by grantee's Resolution or Letter of Commitment, must be
uploaded to GMS.
■ Note: A designee may sign on behalf of the grantee if a) authorized
by the Resolution or Letter of Commitment, and b) a Letter of
Designation has been provided to the Grant Manager.
• Cost and Payment Documentation
o Acceptable cost and payment documentation must include at least one of
each of the following:
■ Invoices, receipts, or purchase orders must include the vendor's
name and telephone number, address, description of goods or
services purchased, amount due, and date.
o Proof of payment may include:
■ copy of cancelled check(s) that shows an endorsement from the
banking institution
■ invoice(s) showing a zero balance, or stamped "paid" with a check
number, date paid, and initials
■ accounting system report from local government if it contains the
vendor name, date of invoice, invoice number, check number or
internal ID, and date amount was paid
■ bank statement(s) along with a copy of the endorsed check or
invoice showing the check number
■ copy of an electronic funds transfer confirmation
■ copy of a credit card statement(s)
o The Grant Manager may require additional cost and payment
documentation as necessary to verify eligible costs.
• Program Specific Forms
o Expenditure Itemization Summary (CalRecycle 736)
o Travel Expense Log Form (CalRecycle 246) for hotel, meals, per diem and
other expenses, hotel receipts and other receipts for conference fees,
tuition, flight, etc.
o Certificate of completion for approved non-mandatory training
o Mileage logs
o Hourly Rate Document
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Proaram (FY 2023-2024) 16
All forms listed above are available from the CalRecycle Grant Forms web page
(https://www.caIrecycle.ca.gov/forms).
Personnel Hours
Grantees must detail personnel hours charged to the grant by budget category on the
EIS. Grantees must maintain, and provide upon request, detailed timekeeping records
of all personnel hours worked on TEA grant activities including inspection hours by
TPID. This documentation must be maintained for three years after the final payment is
received for auditing purposes.
For each pay period, the employee's timekeeping document must contain at minimum:
• Employee name and classification.
• Total hours worked and leave taken during the pay period.
• Hours worked/leave taken per day.
• Description of the activity/task on which the employee worked for each hour
worked.
Supervision of staff conducting eligible activities constitutes a direct grant cost and is
separate from Administrative activities; therefore, grantees may claim, under Inspection
and Enforcement categories, any direct supervision time and costs related to that
category.
Grantees may calculate an actual/loaded hourly rate for each employee that includes
actual salary, wages, shift differentials, and contractual fringe benefits.
Note: Grantees are cautioned to ensure that costs included in a loaded hourly rate are
not duplicated in the Indirect Costs.
Performance Evaluation
The grantee will be evaluated on effectiveness and efficiency in fulfilling the procedures
and requirements outlined in this document. The Progress Report and Final Report will
collect some of the data for this evaluation. Data collected will assess the quality and
efficiency of work completed in all categories, particularly in Inspections, Enforcement,
Education, and Field Patrolling. A Report template is provided by CalRecycle and is a
requirement. Grantees are mandated to collect and report all required data.
All forms listed above are available from the CalRecycle Grant Forms web page
(https://www.caIrecycle.ca.gov/forms).
Audit Considerations
The grantee agrees to maintain records and supporting documentation pertaining to the
performance of this grant subject to possible audit for a minimum of three (3) years after
final payment date or Grant Term end date, whichever is later. CalRecycle may
stipulate a longer period of records retention in order to complete any action and/or
resolution of all issues which may arise as a result of any litigation, dispute, or audit,
whichever is later.
Examples of audit documentation include, but are not limited to, competitive bids, grant
amendments if any relating to the Budget or Work Plan, copies of any agreements with
contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Proaram (FY 2023-2024) 17
sheets, personnel expenditure summary form, travel expense log, paid warrants,
contracts and change orders, samples of items and materials developed with grant
funds, invoices, and cancelled checks. Please refer to the Terms and Conditions
(Exhibit A) for more information.
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Proqram (FY 2023-2024) 18
�ARecycle' Grants Management System (GMS)
Generated By: Andrea Smith u u
Application Information
Applicant: Fresno County
Cycle Name: Local Government Waste Tire Enforcement Grants Application Due Date: 11/16/2023
Cycle Code: TEA31 Secondary Due Date: 12/19/2023
Grant ID: 27857
Grant Funds Requested: $300,000.00
Matching Funds: $0.00(if applicable)
Awarded Funds: $300,000.00
Project Summary: CalRecycle has edited the following summary to reflect the approved grant project:The goal of the Waste Tire Program
is to promote compliance with State and local regulations as it
pertains to the collection,handling,storage and disposal of waste tires in an effort to protect the air,
water,and land from pollution and to ensure public health and safety.The Fresno County Department of Public Health,
Environmental Health Division,proposes to utilize FY 2023-24 Waste Tire Grant funds for staffing,training and
equipment needs associated with continuing the County's Enforcement Program Plan.
Applicant/Participant
Name: Fresno County Lead: X
Federal Tax ID:- Jurisdiction: Fresno-Unincorporated
County: Fresno
Contacts
Prime Second Auth Cnslt
Kevin Tsuda Title:Environmental Health Specialist III X
Environmental Health Division Phone:5596003271
1221 Fulton Street,3rd Floor Fax:
PO Box 11867 Email:ktsuda@fresnocountyca.gov
Fresno,CA 93721
Sukhdeep Sidhu Title:Supervising Environmental Health Special X
Phone:5596003271
1221 Fulton Street Fax:
Fresno,CA 93721 Email:ssidhu@fresnocountyca.gov
Vincent Mendes Title:Division Manager X
Phone:5596003271
1221 Fulton Street Fax:
Fresno,CA 93721 Email:vmendes@fresnocountyca.gov
Hoa Gip Title: Environmental Health Specialist II X
Phone:5596003271
1221 Fulton Street Fax:
Fresno,CA 93721 Email:hgip@fresnocountyca.gov
David Luchini Title:Department of Public Health Director X
Phone:5596006401
1221 Fulton Street Fax:
Fresno,CA 93721 Email:dluchini@fresnocountyca.gov
Amy Ryals Title:Senior Staff Analyst X
Phone:5596003271
1221 Fulton Street Fax:
fresno,CA 93721 Email:aryals@fresnocountyca.gov
Sal Quintero Title:Chairman,Board of Supervisors X
Phone:5596001000
2281 Tulare Street Fax:
Fresno,CA 93721 Email:environmentalhealth@fresnocountyca.gov
https:Hsecure2.caIrecycle.net/GRANTS/Grant/Grant.aspx?GrantI D=27857
Date Generated: February 28,2024 2:01 PM Page 1 of 2
Budget
Category Name Amount
Admin Costs $13,040.00
Education $0.00
Enforcement $15,755.00
Indirect Costs $50,000.00
Inspections $160,010.00
Operational Costs $18,920.00
Partnership $0.00
Training $29,579.00
Transportation $12,696.00
No Site Information Provided
Documents Document Title Received Date
Required
Application Certification Signed Application Certification 11/14/2023
Budget TEA 31 Budget Document 11/6/2023
Budget Revised Budget 1/8/2024
Cost Allocation Plan Indirect Cost Plan 11/6/2023
Staff Roster TEA 31 Staff Roster 11/6/2023
Required By Secondary Due Date
Resolution-Lead Participant Resolution 23-002 11/6/2023
Other Supporting Document(s)
Draft Resolution
Letter of Designation Letter of Designation 11/13/2023
Letter of Permission
Pilot Internship Documents
Resolution
Check the following,as applicable.See Application Guidelines and Instructions for more information and examples.
X Applicant acknowledges that its approved Resolution must be uploaded no later than the secondary due date.Applicant further acknowledges that
if its Resolution is received after this date,its application will be disqualified.
https://secure2.calrecycle.net/GRANTS/Grant/Grant.aspx?GrantID=27857
Date Generated:February 28,2024 2:01 PM Page 2 of 2
California Department of Resources, Recycling and Recovery (CalRecycle)
Name/No.: Local Government Waste Tire Enforcement Grant Program
(TEA31-23-0026)
Fund/Subclass: 0001/10000
Organization #: 56204882
Revenue Account #: 3530